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Restrictions on the use of force at sea: An environmental protection perspective

Published online by Cambridge University Press:  04 September 2017

Jinxing Ma  and
Shiyan Sun
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Abstract

The restrictions on the use of force at sea exist in different branches of international law: the law of the sea and environmental law, mainly applicable during peacetime, and international humanitarian law (IHL), as the law applicable in times of armed conflict. Different rules from these areas must be compared and analyzed to determine the common principles applicable to restricting the use of force at sea for the purposes of environmental protection. Taking into account the particular problems of protecting the marine environment in the context of the use of force, the law of the sea and international environmental law should be applied to restrict means and methods of using force at sea during armed conflict. The detailed concepts and approaches in the law of the sea and environmental law may complement IHL, and the precautionary principle of international environmental law should be triggered to address the lacunae in IHL protecting the marine environmental during armed conflict.

Keywords

use of force at seaenvironmental protectionrestrictionsIHLUNCLOS
Type
Maritime operations
Information
International Review of the Red Cross , Volume 98 , Issue 902: War and security at sea , August 2016 , pp. 515 - 541
Copyright
Copyright © icrc 2017 

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References

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96 See Convention on Biological Diversity, Art. 2(1).

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98 See International Convention on the Removal of Wrecks, 46 ILM 694, 23 May 2007 (entered into force 14 April 2015), Art. 1(4).

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110 See ICRC, Exploring Humanitarian Law IHL Guide: A Legal Manual for EHL Teachers, 5 June 2009, available at: www.icrc.org/en/publication/0960-exploring-humanitarian-law-ehl-guide-legal-manual-ehl-teachers.

111 “Enclosed or semi-enclosed sea” means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States. See UNCLOS, Art. 122.

112 Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, A/HRC/26/36, 1 April 2014, para. 63, p. 11.

113 “Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience.” See Hague Convention II, Preamble.

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118 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Art. 11(3).

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